Ten (Migration)

The Administrative Appeals Tribunal considered a matter concerning an applicant seeking an Employer Nomination (Permanent) (Class EN) visa, specifically under the Subclass 186 Temporary Residence Transition stream, for the nominated position of Cook. The dispute arose from a previous decision that had been under review.

The primary legal issue before the Tribunal was whether the applicant met the criteria under clause 186.223 of Schedule 2 to the Migration Regulations 1994. This clause outlines requirements relating to the nominated position, including the approval of the nomination, the absence of adverse information concerning the nominator or associated persons, the continued availability of the position, and the timeliness of the visa application relative to the nomination approval.

The Tribunal reasoned that a prior decision on 25 May 2023, in case number 1925177, had already set aside the previous decision and substituted a new decision approving the nomination by Valley Lodge Pty Ltd for the applicant. As the applicant was seeking the visa in the Temporary Residence Transition stream for the nominated position of Cook, the Tribunal concluded that clause 186.223(2) was satisfied. Consequently, the Tribunal determined that the appropriate course of action was to remit the visa application to the Minister for reconsideration of the remaining visa criteria.